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A Comparative Study Of Judicial Safeguards In Relation To Investor State Dispute Settlement
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Book Synopsis A Comparative Study of Judicial Safeguards in Relation to Investor-State Dispute Settlement by : Pavla Kristkova
Download or read book A Comparative Study of Judicial Safeguards in Relation to Investor-State Dispute Settlement written by Pavla Kristkova and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ISDS is a relatively young and dynamic regime. It faces challenges for which other adjudicative systems, after centuries of development, have found solutions. In ISDS, fair rules and procedures are essential since ISDS is an adjudicative regime said to be based on the rule of law. The importance of complex and carefully crafted rules and procedural safeguards is underscored by the impact of ISDS on a wide array of parties and interests and by its encroachment on the powers of sovereign states affecting their populations. Yet ISDS is criticized as unfair and open to unacceptable appearances of bias due to a lack of institutional safeguards. In this thesis, I assess whether these criticisms are compelling. Considering their prevalence in the debates about ISDS, I focus on issues of neutrality and fairness and, in particular, on two core values: (1) adjudicative independence and impartiality; and (2) the right of standing. I do so by examining institutional measures adopted to safeguard these values. These include: a) methods of appointment and case assignment; b) protections of the independence of individual adjudicators in the form of tenure and financial security; and c) guaranteed standing for parties with a legal interest. The goal of the thesis is to evaluate institutional safeguards of these values in ISDS through the method of a comparative study of adjudicative bodies in various contexts and to map the spectrum of safeguards used by other forums based on their common comparisons and similarities with ISDS. The results of the research highlight that, although ISDS has been lauded for its perceived neutrality and as a system superior to domestic courts, it is the regime with the weakest safeguards among all comparators, while domestic courts employ the strongest institutional safeguards. The central conclusion is that ISDS has systemic flaws and failures because it lacks mechanisms to safeguard the examined values, thus substantiating the relevant concerns about the institutional design of ISDS. To safeguard these essential values, it appears unavoidable that ISDS must be rejected in its current form.
Book Synopsis The Impact of Investor-State Dispute Settlement on States' IP Legal Regime by : June Eunyeong Park
Download or read book The Impact of Investor-State Dispute Settlement on States' IP Legal Regime written by June Eunyeong Park and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the midst of the current discourse on the Investor-State Dispute Settlement (“ISDS”), the thesis aims to shed a light on the mechanism of ISDS and its impact on the states' Intellectual Property (“IP”) legal regime. Under the doctrine of sovereignty and the territorial attribute of IP rights, the laws and policy on IP protection has always been in full competence of the nation-states. Such IP legal regime of a state may be perceived to be at risk under the mechanism of ISDS, in which foreign investors are permitted the channel to directly challenging the measures adopted by the host states' of their investment. The thesis makes a contention that ISDS does not necessarily intervene with the states' IP legal regime, under the arguments that international investment agreements (“IIAs”) contain implications to safeguarding the states' sovereignty, at least in regards to the states' IP legal regime. A comparative research is conducted on a selected list of IIAs that provide for the ISDS mechanism in order to be able to critically analyse the impact of ISDS. Although the comparative research is not conducted on the entire aspects of the IIAs that imply the states' discretions reserved in their IP legal regime under the IIAs, due to the limited scale of the research, the research finds some of the essential aspects within the IIAs that indicate the discretions reserved on the receiving states of the investment in regards to their IP legal regime. This research finds that such limitations to safeguarding the states' IP legal regime may be implied in various ways within the text of IIAs. IIAs may limited the scope of subject matter of the treaties, in its entirety, or may reserve the discretion to defining the subject matter of the treaty on the receiving states of the investments. IIAs make distinctions between the obligations to be imposed on the pre-established investment and the post-established investment in the territories of the receiving states. IIAs may limit who may have standing to ISDS as well. Lastly among the findings of the research, IIAs may limit the competence of arbitral tribunals in their capacity to render final awards and the binding effects of the final awards.
Book Synopsis Public Actors in International Investment Law by : Catharine Titi
Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
Book Synopsis The Return of the Home State to Investor-State Disputes by : Rodrigo Polanco
Download or read book The Return of the Home State to Investor-State Disputes written by Rodrigo Polanco and published by Cambridge University Press. This book was released on 2019-01-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Book Synopsis The Legitimacy of Investment Arbitration by : Daniel Behn
Download or read book The Legitimacy of Investment Arbitration written by Daniel Behn and published by Cambridge University Press. This book was released on 2022-01-13 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.
Author :United Nations Conference on Trade and Development (UNCTAD) Publisher :United Nations ISBN 13 :921047595X Total Pages :158 pages Book Rating :4.2/5 (14 download)
Book Synopsis Transnational Corporations by : United Nations Conference on Trade and Development (UNCTAD)
Download or read book Transnational Corporations written by United Nations Conference on Trade and Development (UNCTAD) and published by United Nations. This book was released on 2019-06-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Corporations is a policy-oriented journal for the publication of research on the activities of transnational corporations and their implication for economic development. Articles accepted for publication in this issue report on the following research themes: international tax
Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill
Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Book Synopsis The Political Economy of the Investment Treaty Regime by : Jonathan Bonnitcha
Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha and published by Oxford University Press. This book was released on 2017 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Book Synopsis Legitimacy and International Courts by : Nienke Grossman
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Book Synopsis Yearbook of International Environmental Law 2008 by : Ole Kristian Fauchald
Download or read book Yearbook of International Environmental Law 2008 written by Ole Kristian Fauchald and published by Oxford University Press, USA. This book was released on 2010-01-17 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transition to Journals From Volume 19, the Yearbook of International Environmental Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of International Environmental Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yielaw.oxfordjournals.org/ The Yearbook of International Environmental Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of International Environmental Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of International Environmental Law subscribers The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extenstive reviews of recently published books in the area.
Book Synopsis Proportionality and Deference in Investor-State Arbitration by : Caroline Henckels
Download or read book Proportionality and Deference in Investor-State Arbitration written by Caroline Henckels and published by Cambridge University Press. This book was released on 2015-10-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author :Christoph Schreuer (juriste) Publisher :Cambridge University Press ISBN 13 :0521885590 Total Pages :1599 pages Book Rating :4.5/5 (218 download)
Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)
Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Book Synopsis Fair and Equitable Treatment by : Patrick Dumberry
Download or read book Fair and Equitable Treatment written by Patrick Dumberry and published by BRILL. This book was released on 2018-07-17 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.
Book Synopsis On Law, Politics, and Judicialization by : Martin Shapiro
Download or read book On Law, Politics, and Judicialization written by Martin Shapiro and published by Oxford University Press. This book was released on 2002-08-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science oflaw and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: thestrategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' aroundthe world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.
Book Synopsis The Temporal Jurisdiction of International Tribunals by : Nick Gallus
Download or read book The Temporal Jurisdiction of International Tribunals written by Nick Gallus and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction: Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached, but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? The Temporal Jurisdiction of International Tribunals examines these questions in depth. Despite its importance, the temporal jurisdiction of international tribunals is not well understood. Tribunals often confuse different aspects of their jurisdiction and refuse to hear cases they should have heard, or agree to hear cases they should not. This book reduces this confusion by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits. The book examines the temporal limits resulting from (i) the entry into force of the obligation supposedly breached, (ii) the acceptance of the tribunal's jurisdiction, and (iii) from the period of limitation, as well as the effect of acts that occurred before these limits. Throughout the book, the author comprehensively compares decisions from a wide variety of sources, including the International Court of Justice, Human Rights Courts, World Trade Organization panels, and investment treaty tribunals. It comments on decisions that arose from some of the most notorious events of the twentieth century, including the "Katyn Massacre" of the Second World War, the 1994 Rwandan genocide, and the "forced disappearance" of American political opponents. It reviews these decisions and identifies common principles that help define the temporal jurisdiction of tribunals to decide breaches of international law. This book is essential for anyone practicing in international law, and anyone building a case that could be affected by temporal jurisdiction.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
